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What I've Been Reading This Week


I do not often post court opinions in the "What I've Been Reading This Week" posts, but this week was an exception after I read through the Texas Supreme Court opinion in a same sex sexual harassment case.  Although topping out at over 100 pages (including dissent), this opinion is worth a read as the Supreme Court parsed the Texas Commission on Human Rights Act and reviewed the facts in the record.

As always, below are a couple articles that caught my eye this week.


Spending Bill Exempting Minor League Baseball Players From FLSA Protections Could "Doom" Some Leagues

Chris Dugan wrote an article last week in which he surmised that the omnibus spending bill passed by Congress and signed into law by President Donald Trump could put some independent minor leagues out of business.  As readers might recall, the spending bill included a provision that minor league baseball players be paid at least the federal minimum age rate for a 40 hour work week (regardless of the hours worked).  However, this provision designates minor league players as seasonal/temporary workers and puts them under an exemption of the Fair Labor Standards Act (thus they are not entitled to overtime pay).  While this might mean a wage hike for some minor league players, some independent minor leagues are expected to struggle to find the extra pay for their players.  That likely means that some independent minor leagues will be faced with ceasing operation if they cannot pay their players in accordance with the new wage requirement.


Texas Supreme Court Holds Harassment By Same Sex Co-Worker is NOT Same Sex Harassment Under Texas Law

In a 6 - 2 decision (with Justice Blacklock not participating in the decision), the Texas Supreme Court issued a decision in Alamo Heights Independent School District v. Clark and held that harassment by a co-worker of the same sex does not amount to sexual harassment under the Texas Commission on Human Rights Act ("TCHRA").  The Supreme Court's reversal of the court of appeals' decision (by such a definitive 6 - 2 ruling) is somewhat eye catching.  However, in the Court's lengthy analysis (and dissenting opinion), the majority opinion finds that the harassment was not because of the complaintant's gender, and as a result, no viable claim under the TCHRA existed.  While this opinion might be a bit much for some readers to digest (or care to even try paging through), it is worth a read when you have some time.

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